- The former deputy president Rigathi Gachagua has filed a petition against his removal from power, citing procedural violations and his absence during the Senate vote.
- Attorney General Paul Muite, who leads Gachagua's legal team, argues that the charges against him lacked sufficient evidence and violated Gachagua's right to a fair hearing.
- Gachagua's legal team is seeking an order to prevent the vetting and confirmation of Kithure Kindiki, who was appointed as the deputy president by President William Ruto
- Gachagua listed the Speaker of the National Assembly, the Speaker of the Senate, the Senate and the Attorney General to respond to the rumours.
Nairobi – Former deputy president Rigathi Gachagua has taken legal action against his removal from power, citing procedural violations.
Source: Facebook
On Friday, October 18, Gachagua's legal team, led by Senior Advocate Paul Muite, filed a petition under an emergency certificate.
Gachagua's lawyers opposed the decision of the Senate, explaining that the action to remove their client from office was done without him being present, which violated his right to be heard.
Muite says that the charges presented against Gachagua before the National Assembly and later approved by the Senate were baseless and did not present sufficient evidence.
He says that the Senate, as a decision-making body, was required by law to be an impartial judge in deciding whether the allegations were substantiated.
“False and baseless allegations have been made against me on the motion to remove him from power before both councils. It will be in the interest of justice that those false statements be corrected in accordance with the provisions of article 35 of the constitution,” part of the court documents said.
Gachagua has named the Speaker of the National Assembly, the Speaker of the Senate, the Senate, and the Attorney General as defendants in the petition.
What is Gachagua's request to the court?
Gachagua's legal team also wants an injunction to prevent the National Assembly from approving the appointment of Kithur Kindikiwho was appointed by President William Ruto to fill the vacant position of Deputy President.
Muite said that allowing an official newspaper announcement about the appointment would be unfair to Gachagua, explaining that doing so before the case is fully decided would violate his constitutional rights.
“It will be a violation of my client's rights to allow the defendants to publish in the government gazette his removal by way of removing him from power in a manner that violates the constitutional provisions before this petition is heard and decided,” said Muite.
How will the courts deal with the Gachagua case?
Earlier, Deputy Chief Justice Philomena Mwilu assured Kenyans that the Judiciary will follow the law if the case to remove Gachagua from office is brought to court.
Mwilu said that the process of removing Gachagua is a constitutional issue and follows normal legal procedures.
He dismissed the idea that the impeachment process is a special or unique case, insisting that it is based on constitutional provisions.
Mwilu emphasized that the Judiciary Department remains independent and will handle the Gachagua case like any other case, following due legal procedures.
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